§996.62. Consolidated Judicial Expense Fund for the Forty-First Judicial District
A.(1) Effective January 1, 2009, there is hereby created a fund for the Forty-First Judicial District Court, the juvenile court for the parish of Orleans, and the First and Second City Courts of the city of New Orleans which shall be known as the "Consolidated Judicial Expense Fund." As used in this Section, "judges" shall mean the judges of the courts enumerated in this Subsection.
(2) There is hereby created a committee of the following judges: three judges from the civil district court who shall be the chief judge and two of his designees, three judges from the criminal district court, including the magistrate judge, who shall be the chief judge and two of his designees, one judge from the juvenile court for the parish of Orleans with the most seniority, and one judge from the first or second city court with the most seniority. The chairman of the committee shall be elected by majority vote and serve for one year on a rotating basis among each court.
(3) Beginning on January 1, 2007, the committee designated in Paragraph (2) of this Subsection shall:
(a) Review all funds and funding sources for the courts enumerated in this Subsection.
(b) Have an audit conducted by an independent certified public account of all monies, deposits and accounts possessed, controlled, exercised, or used by a court or judge.
(c) Identify all obligations and debts of the courts enumerated in this Subsection.
(d) Recommend appropriate funding levels and the sources for such funding for the courts.
(e) Recommend the appropriate method for consolidating all funds, monies, deposits, accounts, obligations and debts of the enumerated courts into the Consolidated Judicial Expense Fund.
(4) The committee shall report its findings and recommendations to the Senate Committee on Judiciary A and the House Committee on Judiciary not later than January 1, 2008.
B.(1) Notwithstanding any other law to the contrary, effective January 1, 2009, all monies, deposits, accounts heretofore possessed, controlled, exercised, or used by a court or judge separately or collectively, enumerated in Subsection A of this Section shall be transferred to the Consolidated Judicial Expense Fund, in accordance with the recommendations of the Consolidation Review Committee, and monies so allocated to the fund shall be continued to be paid from the same sources as provided therein into a special account designated as the Consolidated Judicial Expense Fund.
(2) This Section shall not apply to those funds collected pursuant to R.S. 13:1141(A) and R.S. 13:1381.1.
(3) The judges shall cause to be conducted annually an audit of the fund and the books and accounts relating thereto, and shall file the same with the office of the legislative auditor where it shall be available for public inspection.
(4) The monies in the Consolidated Judicial Expense Fund may be used for any purpose connected with, incidental to, or related to the proper administration or function of the courts and judges designated in Subsection A of this Section or the offices of the judges thereof and is in addition to any and all other funds, salaries, expenses, or other monies that are provided, authorized, or established by law. The establishment of the Consolidated Judicial Expense Fund in no way relieves or extinguishes any obligation of the city of New Orleans to fund the court system.
(5) The judges, en banc, may further appoint such secretarial, clerical, research, administrative, or other personnel as they deem necessary to expedite the business and function of the court and fix and pay all or any part of the salaries of such personnel out of the monies in the Consolidated Judicial Expense Fund. In like manner, the judges, en banc, may utilize the monies in the Consolidated Judicial Expense Fund to pay all or any part of the cost of establishing or maintaining, or both, a law library for the court, or for buying or maintaining, or both, any type of equipment, supplies, or other items consistent with or germane to the efficient operation of the court. In general, the Consolidated Judicial Expense Fund is established and may be used for any purpose or purposes connected with, incidental to, or related to the proper administration or function of the said court or the offices of the individual judges and is in addition to any and all other funds, salaries, expenses, or other monies that are now or hereafter provided, authorized, or established by law for any of the aforesaid purposes.
C.(1) The judges, en banc, may utilize the monies in the Judicial Expense Fund to pay all or any part of the cost of planning, designing, and constructing a new courthouse for the parish, which may house the following courts and all related support offices:
(a) District court for the parish.
(b) City courts.
(c) Juvenile courts.
(2) Any contract for the planning, designing, or construction of a new courthouse shall be subject to the public bid laws. The provisions of this Subsection shall not affect the obligation of the city of New Orleans to provide buildings to house the Civil District Court and the other courts housed therein and the Criminal District Court.
D. The legislature hereby specifically states that this Section is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any fund transferred by this Subpart or of the state of Louisiana. It is hereby specifically provided that all obligations of any fund transferred in accordance with this Subpart hereafter shall be deemed to be the obligations of the Consolidated Judicial Expense Fund for the Forty-First Judicial District to which the fund is transferred to the same extent as if originally made by said fund. This transfer of obligations shall in no way create a personal obligation for any judge of the Forty-First Judicial District Court, if no such obligation existed prior to the transfer. In like manner, and in order to prevent any violation of the provisions, terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any kind has been vested in a fund transferred by this Section, or diversion from the purposes for which such property was thus vested in any fund, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the Consolidated Judicial Expense Fund for the Forty-First Judicial District to which the fund is transferred in the same manner and to the same extent as if originally so done.
E. The Consolidated Judicial Expense Fund for the Forty-First Judicial District to which each fund is transferred shall be the successor in every way to each fund transferred and from which functions are or may be merged and consolidated, including all of the obligations and debts of each fund. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made, which are constitutional under the Constitution of Louisiana of 1974, shall continue, until otherwise hereafter provided by the constitution, in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this Section.
F. The provisions of this Section shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof, anything contained in this Subpart to the contrary notwithstanding, and such compliance hereafter shall be insofar as such compliance affects any fund transferred in accordance with the provisions of this Section.
G. Upon the transfer of each fund in accordance with this Section, any pending or unfinished business of each such fund shall be taken over and be completed by the Consolidated Judicial Expense Fund for the Forty-First Judicial District with the same power and authority as that of the fund transferred. The Consolidated Judicial Expense Fund shall be the successor in every way to each fund, and every act done by the Consolidated Judicial Expense Fund in the exercise of the functions of each shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this Section as if done by the fund transferred.
§996.62. Consolidated Judicial Expense Fund for the Forty-First Judicial District
A.(1) Effective January 1, 2009, there is hereby created a fund for the Forty-First Judicial District Court, the juvenile court for the parish of Orleans, and the First and Second City Courts of the city of New Orleans which shall be known as the "Consolidated Judicial Expense Fund." As used in this Section, "judges" shall mean the judges of the courts enumerated in this Subsection.
(2) There is hereby created a committee of the following judges: three judges from the civil district court who shall be the chief judge and two of his designees, three judges from the criminal district court, including the magistrate judge, who shall be the chief judge and two of his designees, one judge from the juvenile court for the parish of Orleans with the most seniority, and one judge from the first or second city court with the most seniority. The chairman of the committee shall be elected by majority vote and serve for one year on a rotating basis among each court.
(3) Beginning on January 1, 2007, the committee designated in Paragraph (2) of this Subsection shall:
(a) Review all funds and funding sources for the courts enumerated in this Subsection.
(b) Have an audit conducted by an independent certified public account of all monies, deposits and accounts possessed, controlled, exercised, or used by a court or judge.
(c) Identify all obligations and debts of the courts enumerated in this Subsection.
(d) Recommend appropriate funding levels and the sources for such funding for the courts.
(e) Recommend the appropriate method for consolidating all funds, monies, deposits, accounts, obligations and debts of the enumerated courts into the Consolidated Judicial Expense Fund.
(4) The committee shall report its findings and recommendations to the Senate Committee on Judiciary A and the House Committee on Judiciary not later than January 1, 2008.
B.(1) Notwithstanding any other law to the contrary, effective January 1, 2009, all monies, deposits, accounts heretofore possessed, controlled, exercised, or used by a court or judge separately or collectively, enumerated in Subsection A of this Section shall be transferred to the Consolidated Judicial Expense Fund, in accordance with the recommendations of the Consolidation Review Committee, and monies so allocated to the fund shall be continued to be paid from the same sources as provided therein into a special account designated as the Consolidated Judicial Expense Fund.
(2) This Section shall not apply to those funds collected pursuant to R.S. 13:1141(A) and R.S. 13:1381.1.
(3) The judges shall cause to be conducted annually an audit of the fund and the books and accounts relating thereto, and shall file the same with the office of the legislative auditor where it shall be available for public inspection.
(4) The monies in the Consolidated Judicial Expense Fund may be used for any purpose connected with, incidental to, or related to the proper administration or function of the courts and judges designated in Subsection A of this Section or the offices of the judges thereof and is in addition to any and all other funds, salaries, expenses, or other monies that are provided, authorized, or established by law. The establishment of the Consolidated Judicial Expense Fund in no way relieves or extinguishes any obligation of the city of New Orleans to fund the court system.
(5) The judges, en banc, may further appoint such secretarial, clerical, research, administrative, or other personnel as they deem necessary to expedite the business and function of the court and fix and pay all or any part of the salaries of such personnel out of the monies in the Consolidated Judicial Expense Fund. In like manner, the judges, en banc, may utilize the monies in the Consolidated Judicial Expense Fund to pay all or any part of the cost of establishing or maintaining, or both, a law library for the court, or for buying or maintaining, or both, any type of equipment, supplies, or other items consistent with or germane to the efficient operation of the court. In general, the Consolidated Judicial Expense Fund is established and may be used for any purpose or purposes connected with, incidental to, or related to the proper administration or function of the said court or the offices of the individual judges and is in addition to any and all other funds, salaries, expenses, or other monies that are now or hereafter provided, authorized, or established by law for any of the aforesaid purposes.
C.(1) The judges, en banc, may utilize the monies in the Judicial Expense Fund to pay all or any part of the cost of planning, designing, and constructing a new courthouse for the parish, which may house the following courts and all related support offices:
(a) District court for the parish.
(b) City courts.
(c) Juvenile courts.
(2) Any contract for the planning, designing, or construction of a new courthouse shall be subject to the public bid laws. The provisions of this Subsection shall not affect the obligation of the city of New Orleans to provide buildings to house the Civil District Court and the other courts housed therein and the Criminal District Court.
D. The legislature hereby specifically states that this Section is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any fund transferred by this Subpart or of the state of Louisiana. It is hereby specifically provided that all obligations of any fund transferred in accordance with this Subpart hereafter shall be deemed to be the obligations of the Consolidated Judicial Expense Fund for the Forty-First Judicial District to which the fund is transferred to the same extent as if originally made by said fund. This transfer of obligations shall in no way create a personal obligation for any judge of the Forty-First Judicial District Court, if no such obligation existed prior to the transfer. In like manner, and in order to prevent any violation of the provisions, terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any kind has been vested in a fund transferred by this Section, or diversion from the purposes for which such property was thus vested in any fund, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the Consolidated Judicial Expense Fund for the Forty-First Judicial District to which the fund is transferred in the same manner and to the same extent as if originally so done.
E. The Consolidated Judicial Expense Fund for the Forty-First Judicial District to which each fund is transferred shall be the successor in every way to each fund transferred and from which functions are or may be merged and consolidated, including all of the obligations and debts of each fund. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made, which are constitutional under the Constitution of Louisiana of 1974, shall continue, until otherwise hereafter provided by the constitution, in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this Section.
F. The provisions of this Section shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof, anything contained in this Subpart to the contrary notwithstanding, and such compliance hereafter shall be insofar as such compliance affects any fund transferred in accordance with the provisions of this Section.
G. Upon the transfer of each fund in accordance with this Section, any pending or unfinished business of each such fund shall be taken over and be completed by the Consolidated Judicial Expense Fund for the Forty-First Judicial District with the same power and authority as that of the fund transferred. The Consolidated Judicial Expense Fund shall be the successor in every way to each fund, and every act done by the Consolidated Judicial Expense Fund in the exercise of the functions of each shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this Section as if done by the fund transferred.
§996.62. Consolidated Judicial Expense Fund for the Forty-First Judicial District
A.(1) Effective January 1, 2009, there is hereby created a fund for the Forty-First Judicial District Court, the juvenile court for the parish of Orleans, and the First and Second City Courts of the city of New Orleans which shall be known as the "Consolidated Judicial Expense Fund." As used in this Section, "judges" shall mean the judges of the courts enumerated in this Subsection.
(2) There is hereby created a committee of the following judges: three judges from the civil district court who shall be the chief judge and two of his designees, three judges from the criminal district court, including the magistrate judge, who shall be the chief judge and two of his designees, one judge from the juvenile court for the parish of Orleans with the most seniority, and one judge from the first or second city court with the most seniority. The chairman of the committee shall be elected by majority vote and serve for one year on a rotating basis among each court.
(3) Beginning on January 1, 2007, the committee designated in Paragraph (2) of this Subsection shall:
(a) Review all funds and funding sources for the courts enumerated in this Subsection.
(b) Have an audit conducted by an independent certified public account of all monies, deposits and accounts possessed, controlled, exercised, or used by a court or judge.
(c) Identify all obligations and debts of the courts enumerated in this Subsection.
(d) Recommend appropriate funding levels and the sources for such funding for the courts.
(e) Recommend the appropriate method for consolidating all funds, monies, deposits, accounts, obligations and debts of the enumerated courts into the Consolidated Judicial Expense Fund.
(4) The committee shall report its findings and recommendations to the Senate Committee on Judiciary A and the House Committee on Judiciary not later than January 1, 2008.
B.(1) Notwithstanding any other law to the contrary, effective January 1, 2009, all monies, deposits, accounts heretofore possessed, controlled, exercised, or used by a court or judge separately or collectively, enumerated in Subsection A of this Section shall be transferred to the Consolidated Judicial Expense Fund, in accordance with the recommendations of the Consolidation Review Committee, and monies so allocated to the fund shall be continued to be paid from the same sources as provided therein into a special account designated as the Consolidated Judicial Expense Fund.
(2) This Section shall not apply to those funds collected pursuant to R.S. 13:1141(A) and R.S. 13:1381.1.
(3) The judges shall cause to be conducted annually an audit of the fund and the books and accounts relating thereto, and shall file the same with the office of the legislative auditor where it shall be available for public inspection.
(4) The monies in the Consolidated Judicial Expense Fund may be used for any purpose connected with, incidental to, or related to the proper administration or function of the courts and judges designated in Subsection A of this Section or the offices of the judges thereof and is in addition to any and all other funds, salaries, expenses, or other monies that are provided, authorized, or established by law. The establishment of the Consolidated Judicial Expense Fund in no way relieves or extinguishes any obligation of the city of New Orleans to fund the court system.
(5) The judges, en banc, may further appoint such secretarial, clerical, research, administrative, or other personnel as they deem necessary to expedite the business and function of the court and fix and pay all or any part of the salaries of such personnel out of the monies in the Consolidated Judicial Expense Fund. In like manner, the judges, en banc, may utilize the monies in the Consolidated Judicial Expense Fund to pay all or any part of the cost of establishing or maintaining, or both, a law library for the court, or for buying or maintaining, or both, any type of equipment, supplies, or other items consistent with or germane to the efficient operation of the court. In general, the Consolidated Judicial Expense Fund is established and may be used for any purpose or purposes connected with, incidental to, or related to the proper administration or function of the said court or the offices of the individual judges and is in addition to any and all other funds, salaries, expenses, or other monies that are now or hereafter provided, authorized, or established by law for any of the aforesaid purposes.
C.(1) The judges, en banc, may utilize the monies in the Judicial Expense Fund to pay all or any part of the cost of planning, designing, and constructing a new courthouse for the parish, which may house the following courts and all related support offices:
(a) District court for the parish.
(b) City courts.
(c) Juvenile courts.
(2) Any contract for the planning, designing, or construction of a new courthouse shall be subject to the public bid laws. The provisions of this Subsection shall not affect the obligation of the city of New Orleans to provide buildings to house the Civil District Court and the other courts housed therein and the Criminal District Court.
D. The legislature hereby specifically states that this Section is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any fund transferred by this Subpart or of the state of Louisiana. It is hereby specifically provided that all obligations of any fund transferred in accordance with this Subpart hereafter shall be deemed to be the obligations of the Consolidated Judicial Expense Fund for the Forty-First Judicial District to which the fund is transferred to the same extent as if originally made by said fund. This transfer of obligations shall in no way create a personal obligation for any judge of the Forty-First Judicial District Court, if no such obligation existed prior to the transfer. In like manner, and in order to prevent any violation of the provisions, terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any kind has been vested in a fund transferred by this Section, or diversion from the purposes for which such property was thus vested in any fund, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the Consolidated Judicial Expense Fund for the Forty-First Judicial District to which the fund is transferred in the same manner and to the same extent as if originally so done.
E. The Consolidated Judicial Expense Fund for the Forty-First Judicial District to which each fund is transferred shall be the successor in every way to each fund transferred and from which functions are or may be merged and consolidated, including all of the obligations and debts of each fund. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made, which are constitutional under the Constitution of Louisiana of 1974, shall continue, until otherwise hereafter provided by the constitution, in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this Section.
F. The provisions of this Section shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof, anything contained in this Subpart to the contrary notwithstanding, and such compliance hereafter shall be insofar as such compliance affects any fund transferred in accordance with the provisions of this Section.
G. Upon the transfer of each fund in accordance with this Section, any pending or unfinished business of each such fund shall be taken over and be completed by the Consolidated Judicial Expense Fund for the Forty-First Judicial District with the same power and authority as that of the fund transferred. The Consolidated Judicial Expense Fund shall be the successor in every way to each fund, and every act done by the Consolidated Judicial Expense Fund in the exercise of the functions of each shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this Section as if done by the fund transferred.
